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How can an EB-5 dependent obtain a conditional green card separately from the main applicant?

My mom applied for EB-5 with my father and me as her dependents. Currently, I am a student on F1 status while my parents are in our home country. Our I-526 just got approved and the priority date of our application is current. Which option is feasible for me to go to the next step of the application, through I-485 or go through the consular process together with my parents in my home country? Since I am the only the dependent of this EB-5 case, am I allowed to change status by myself while the main applicant receives the consular interview? If so, what are the forms or process that my mom needs to do before I can submit my I-485 application?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You may file for adjustment of status in the US after your parents (your mom as the principal EB-5 investor) complete their immigrant visa processing and get admitted to the US on immigrant visas. Another option for you is to consular process with your parents abroad at the same time during the IV interview for all family members but you need to travel for that.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You are advised to complete this with your parents or they can process abroad first and after entry you can apply to adjust but this takes longer.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can apply for adjustment of status, but only after your parents (the principal investor applicant) has completed immigrant visa processing abroad and entered the United States. Otherwise, you can elect to do the immigrant visa processing with them at the same time.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Dependents cannot file for an adjustment of status while the Principal alien (your mom) has completed her consular processing abroad, or the alternative is to have her enter the U.S. and process for adjustment of status at the same time as the dependent.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The Principal must get approved either first or concurrently so I recommend you go home and process with them at the consular interview when it is scheduled.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    There are several important issues involved in the situation. First, there is a question on Form I-526 which asks the EB-5 investor to indicate if the EB-5 investor and his or her dependents plan to proceed with consular processing of an immigrant visa or if they plan to proceed with adjustment of status in the U.S. Second, what your intention was when you applied for the F-1 visa could be an issue. You should seek the advice of the immigration attorney who is handling your EB-5 cases.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    From the brief review of the facts you provided, you will able to adjust your status in the United States. The adjustment of status, however, will be dependent on the approval of the principal beneficiary. Absent the approval of the principal beneficiary, you would be unable to adjust your status. The National Visa Center, or, if at the US Consulate already, should be informed. As to the forms, it is best that you retain competent EB-5 immigration legal representation, given the current political climate and the need for perfection in submissions to the Department of Homeland Security, including those to the United States Citizenship & Immigration Services.

  • Avatar

    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    It is best to consular process with your parents. Less complications. Faster processing.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You could file I-485 after your mother gets her Immigrant Visa, if you do not want to go out to be interviewed with your parents. However, as the current I-526 is the petition of your mother, you, as her derivative, do not have any right to adjust your status until she gets her Immigrant status. If going out to your country is not too much of a bother, it would be faster for you to fly out to be interviewed with your parents.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    Once the main applicant has been approved, the dependents may file their applications. You will need to show evidence of the approval of the main applicant.

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    Robert West

    Immigration Attorney
    Answered on

    Much easier to do consular processing. If you do the other way, the principal must be approved first before they can approve you. I-485 much messier for a dependent to file.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Your options are to 1) Consular process together with your parents (recommended) or 2) file I-485 follow to join AFTER the main applicant enters the US and receives a CPR card (assuming you are still in valid F1 status at that time).

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    Blake Harrison

    Immigration Attorney
    Answered on

    You could either go through consular processing in your home country with your mother or wait for her to complete the process and then file your adjustment of status application in the United States. Generally, a dependent will receive his or her temporary green card more quickly if he or she returns home for the immigrant visa interview with the primary applicant.

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